BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000288 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart in recognition of a wound sustained on 16 September 1969.

2.  The applicant states that he sustained a shrapnel wound the medic could not fix.  He also states his Vietnam medical records were lost, but he has a letter of justification from his former platoon leader.

3.  The applicant provides a/an:

* letter from the Army Review Boards Agency
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* self-authored letter addressed to the Department of Veterans Affairs (VA)
* a statement from his former platoon leader
* three photographs

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record contains a letter rendered by a medical doctor that was addressed to Local Draft Board Number 113, San Gabriel, CA, dated 2 January 1969.  In this letter, the doctor opined that the applicant was not fit to serve in the U.S. Armed Services due to medical reasons and advised strongly that he not be inducted.  The doctor stated it was very obvious to him that there was:

	a.  History of trauma, and of record for several years.

	b.  Definite and severe X-ray findings of trauma at that time.

	c.  Patient complained of at present, and in the past, of a “severity,” necessitating solicitation of medical care.  This was unusual for a young man who was active and of the age of this young boy.  It was unusual because the pain would have to be severe for a young man to solicit medical attention.

	d.  He believed the applicant had a cerebral concussion of a degree, in 1966, and continued with residuals of the same, that “is” effects of petechial hemorrhages in the brain substance.

	e.  The main and severe problem was the applicant's back.  There was no question that he suffered a severe injury to his back, resulting in a compression fracture of the thoracic spine and of residual pain and discomfort since that time. In effort, cold weather gave him trouble at the present to perform any duties, especially those that required strength and dictated a semi-lazy existence, not by desire, but because of physical distress.

	f.  If an individual with all the positive findings enumerated here were to approach him as a medical officer in the Army, with all the complaints alluded to, and/or particularly with the back complaints, he could adjudicate nothing else, but that he was unfit for active duty and would advise hospitalization and/or a medical dismissal.

	g.  He did not feel the barrel of fully eligible draftees had been so cleaned out as to necessitate considering handicapped and disabled individuals, such as the applicant.

3.  The applicant's record contains a DD Form 47 (Record of Induction), dated 7 January 1969.  Item 15 (Previously examined and not acceptable) of this form shows he was previously examined and determined to be not acceptable on induction.  Item 16 (Physical Defects) contains the entry "Back injury.  See Dr's letter)."  Item 23 (Type of examination) shows that a physical inspection determined he was found acceptable for induction into the Armed Forces.

4.  The applicant was inducted into the Army of the United States on 7 January 1969.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  He served in the Republic of Vietnam from 9 June 1969 to 3 June 1970.  He was honorably released from active duty after completing 1 years and 9 months of total active service on 13 October 1970.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 40 (Wounds) no entry (blank).

	b.  Item 41 (Awards and Decorations) no entry awarding him the Purple Heart.

6.  The applicant's DD Form 214, as corrected by a DD Form 215, dated 19 January 2012, does not show award of the Purple Heart.

7.  There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, there is no evidence in the available record and the applicant has not provided any evidence showing he was awarded the Purple Heart.

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name is listed as a casualty.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.





10.  The applicant provides:

	a.  A letter, dated 13 January 2012, from the Army Review Boards Agency, informing him that his records had been corrected by awarding him the Army Commendation Medal with 2 bronze oak leaf clusters and the Vietnam Service Medal with 3 bronze service stars and issuing him a DD Form 215 correcting his DD Form 214 to reflect these awards.

	b.  A self-authored letter addressed to the VA, dated 19 November 2011, wherein he provided an explanation of how he sustained a traumatic brain injury and his lower back condition.  He attested that:

* while serving in Vietnam, he was blown off his armored personnel carrier (APC) by a rocket propelled grenade (RPG) round that caused him to fall onto his back and head
* 2 days later, he departed the field and reported to a hospital for treatment
* 2 days later, he was released from the hospital and returned to his unit
* he was also knocked off his APC once prior to the RPG incident and once after the incident while breaking jungle
* he travelled more than 1,000 miles on rough roads while breaking jungle and bouncing up and down, which did not help his back
* shortly after his release from the military, he visited numerous doctors regarding migraine headaches and severe back problems
* the doctors told him that he had to live with the problems he had because they were untreatable
* he had numerous X-rays over the years but he cannot locate them
* the VA informed him that they did not have any medical records that show any treatment or evidence of his medical attention while in Vietnam
* he recently visited a VA doctor and a back X-ray confirmed that he has very severe back problems
* the VA also has evidence that he has a severe brain injury
* he recently learned that he could have been compensated for his conditions for the past 30 years and wants what is due to him

	c.  A statement, dated 7 February 2013, from his former platoon leader stating the applicant received a shrapnel wound in action during a skirmish.  The applicant was treated by the medic.  He then sent the applicant to the rear to attend to his wounds on 16 September 1969.  He recently discovered that the applicant was not awarded the Purple Heart.  The applicant would definitely be pleased and proud to receive this award which he deserves.  The platoon leader had tried to locate the troop commander and personally vouch for this incident.


	d.  Three photographs depicting him, another Soldier, and an APC.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered.

2.  Although evidence clearly shows the applicant had experienced back and head trauma prior to his entry into the Army there is no evidence of record and the applicant has not provided sufficient evidence showing he sustained any injuries or that he was treated for wounds sustained as a result of hostile action while serving in the Republic of Vietnam.

3.  Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart in this case.

4.  The applicant and all others should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X___  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20140000288



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ABCMR Record of Proceedings (cont)                                         AR20140000288



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